The relationship of mortgagor and mortgagee does not of itself generate a conflict of interests between the parties to it: any such conflict only arises on the default of one of those parties, almost invariably the mortgagor. It might seem perverse that legal intervention in this area is largely directed towards protection of the party in default, but this is justified by a recognition of the imbalance of power between the parties and by reference to wider societal concerns.

dicuss